Supreme Court Allows Enforcement of Trump Administration Asylum Rule

October 22, 2019

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.

Application for asylum to USA concept with application form and USA flag

The Supreme Court has allowed enforcement of a new Trump administration rule, which requires asylum seekers passing through third countries to apply for asylum in those countries first before seeking asylum in the United States, to move forward pending disposition of the administration’s appeal in the Ninth Circuit. Most of those affected are Central Americans trying to reach the United States. Other migrants also seek asylum when they arrive at the southern border from other parts of the world, including Asia, Africa and South America.

Two justices dissented from the Supreme Court’s decision in Barr v. East Bay Sanctuary Covenant, including Ruth Bader Ginsburg and Sonia Sotomayor, who wrote, “Once again, the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution.” Thousands of people reportedly are waiting in Mexico for their turn to apply for asylum in the United States.